Judge Jerry E. Smith, of the U.S. Court of Appeals for the Fifth Circuit, speaking during a panel discussion at the Federalist Society's 2018 National Lawyers Convention at the Mayflower Hotel in Washington, D.C. Will Judicial Polarization Lead to More Strategic 'Unpublished' Opinions?
Because unpublished opinions aren't precedential and don't typically get reviewed by full courts, some court watchers worry that panels could use them to get their desired outcome in a particular case without making changes to the law.
August 26, 2022 at 01:10 PM
6 minute read
Civil Appeals
The original version of this story was published on National Law Journal
What You Need to Know
- Fifth Circuit Judge Jerry Smith raised concerns about panels using nonpublication rules strategically.
- One expert said it could become more routine as the courts become increasingly polarized.
Concerns about judges abusing unpublished opinions are in the spotlight following a dissental from Judge Jerry Smith last week.
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